Been arressted - am I perverting the course of justice?
Discussion
Guys
This is a long, honest post. Please only read if you have the time.....
I have got myself into a spot of bother.
I am not going to hide behind what I have done and pretend it was a friend or set up a second account.
It relates to a post I made a few days ago regarding my ex partner and the my possessions in her garage.
I have e-mailed a criminal lawyer who is going to call me back on Monday after he has read the e-mail. What is probably best is if I post the e-mail below with names/address's removed. For the purpose of the e-mail I shall call my Daughter Sally:
Dear xxxx
I hope you are well.
I thought it would be a good idea to e-mail you so that you have a full and thorough understanding of the case before the meeting. Apologies if the e-mail is long winded but I feel it would be a benefit if you know the case in detail.
Ok, my name is xxxx, I am 36 years old and work as a xxxxxxx. I have been in my current position for 12 years.
I do not have a criminal record and have never been arrested.
In 2006 I met my ex partner Miss xxxxx. We did not marry but in 2008 had a daughter who is called Sally.
Late in 2013 I found out that Miss xxxxx was having an affair. The gentleman Miss xxxxx was having an affair with was a long standing family friend on her families side, a Mr xxxxx. I was extremely upset at the time; especially when it became clear who it was with. This gentleman has been married twice before and has a young son with his most recent wife.
Throughout my relationship with Miss xxxxx I had a very close and good relationship with her family, in particular her father who I would play a lot of golf with.
I decided to approach the father and informed him of exactly what was going on. The news sent shockwaves through the family and they immediately felt that Mr xxxxx had betrayed them.
Miss xxxxx had been employed on a part-time basis by the father who has his own business. A short time after this revelation Miss xxxxx quit her work as I believe the younger brother (who also worked for the company) and the father could not cope with the situation.
Myself and Miss xxxxx moved into xxxxx Road, xxxxx in December 2010. The property was purchased solely in her name and that is still the case today. In 2011 we had a large garage built at the rear of the property which I helped fund. The reason the garage was needed is that my hobby at the time was the restoration of classic cars.
I moved out of the house in December 2013 which was an incredibly traumatic time as Sally was now 5 years old.
Over the following 12-14 months I would see Sally as often as I possibly could. My work is of a shift work nature meaning if I was on a late shift I would drop Sally to school and vice versa if I was on an early shift. I would estimate I would see Sally circa 6 times a week. This would involve her staying over with me circa once a week.
I would attend the garage a couple of times a week with the view of finishing the project that was underway which will be sold when complete. I did not need to gain access to the house for me to enter the garage as I had a fob for the electric door.
Over this period and to the current day Miss xxxxx has continued the relationship with Mr xxxxx. This has proved to be very upsetting for me and has meant that the relationship between myself and Miss xxxxx has been very up and down.
On a positive note my relationship with Sally has been good over this period.
Over Christmas of 2014 Sally was going through a phase of being very challenging for Miss xxxxx and this resulted in Miss xxxxx having a minor breakdown. Miss xxxxx felt that I was turning Sally against her and was instructed by Miss xxxxx that she did not want to see myself or Sally ever again. I was to collect all of Sally's possessions from the garage when instructed to do so.
During this time I was sent a torrent of abuse by Miss xxxxx via text message.
A few days later Miss xxxxx attended my property at circa 21:30 one evening kicking at the front door. Miss xxxxx demanded I hand Sally over or she would call the Police. This whole scenario caused Sally massive distress.
The following morning I called social services to inform them of the events and to raise my concerns for the safety of Sally.
Sally had always had a fabulous relationship with Miss xxxxx's parents. They would see Sally circa twice a week and Sally would stay over with them on a very regular basis.
Over the Christmas period the relationship between Miss xxxxx and her family broke down.
The last time that Sally saw or spoke with her Grandparents was Christmas day.......
I have spoken with Miss xxxxxx's father many times and he is distraught.
During January and February of this year I continued to visit and see Sally as I always had done. Unfortunately as of 2 weeks ago Miss xxxxx has refused to allow me to see Sally. I believe the reason for this is that she does not believe that I take enough responsibility for Sally . With my shift work it is often difficult for me to have Sally overnight at weekends etc.
I requested a week's annual leave from work over the Easter period. The reason for this is that Sally's birthday is on Sunday April 5th and I would have planned things to do with Sally over my week's leave.
On Wednesday evening at circa 17:00pm I spoke with Sally on facetime (something I do a couple of times a day), Sally informed me that they were going on holiday over Easter.
I texted Miss xxxxx and was alarmed to discover that they had indeed booked a holiday over Easter and they would indeed be away over Sally's birthday.
I was very annoyed and upset by this revelation and did send Miss xxxxx a couple of text message calling her an F.... b
h and that not letting Sally see me was evil.
I had also sent Miss xxxxx a similar message circa a week before this. This text stated that I did not see her actions as mean, horrible, selfish etc but evil.
Myself and Sally did have a wonderful relationship and Sally also had a fabulous relationship with my family.
After I sent Miss xxxxx these messages (at 17:45 on 25/03/2015) I received a text back. This message asked for the garage door fob to be posted through her letter box after 9pm that evening and that I was no longer permitted access. Miss xxxxx stated that she would be terminating the power supply to the garage form the consumer panel within the house. I was told to arrange transportation of the vehicle in there.
I was now naturally rather irate and decided I would visit the property. After knocking on the door and not getting a reply, I entered the garage and decided that I would remove the door handle from the upvc door at the back of the garage. This door leads into the garden. My thought process was that if I removed the handle / lock, whilst Miss xxxxx was on holiday I would be able to enter the garden via the side gate and carry on work with the car.
I left the property after removing the handle and returned home (18:00).
At circa 19:30 2 police officers attended my address and I was arrested for criminal damage. I was taken to xxxxx Police station.
After going through the initial procedures I was put into a cell for circa four and half hours.
I was then led back to the custody suite where I was arrested for the second time by the same two officers. The second arrest was for along the lines of sending threatening text messages.
I was then taken into an interview room for questioning, all was recorded. Firstly we discussed my actions of entering the garage and the removal of the door handle. I put my case forward strongly and that was that I did not believe this to constitute criminal damage. I had removed the handle via the 2 locating screws and no permanent damage was sustained. I also mentioned that it was me that had actually purchased and fitted that handle some years before.
I was shown a picture of the door from the garden side. This picture clearly showed no handle on the door and therefore it was put forward that the door as it stood was not fit for purpose. This I agreed with.
We then moved on to discuss the text messages that I had sent.
At the time of my arrest my mobile phone was taken by the officers.
I was shown 3 screen shots from my phone of the messages that I had sent. I was asked if I thought that the messages were threatening etc. I accepted that they came across as aggressive/threatening but any parent who was being denied access to see their own child would feel the same.
The interview was completed and I was placed back into a cell for a further hour.
At circa 03:30am I was let out of my cell and after finger prints and DNA being taken was taken back to the custody suite.
I was handed my belongings back minus my mobile phone. I enquired as to where my phone was and was informed it was either being withheld for investigation or the arresting officer had taken it by mistake.
I was given the arresting officers number and I was told to call them the following day.
I have been given a piece of paper: pre-charge conditional bail. I am to attend Staines Police station on 29/04/15 at 8am.
It has 2 clauses on it
1) You are not to contact directly or indirectly by any means Miss xxxxx.
Grounds: Committing an offence whilst on bail; interfering with witnesses or otherwise obstructing the course of justice / Victim in the case.
2) You are not to attend xx xxxxxx Road unless agreed by official solicitors acting on behalf of the victim.x
Grounds: Same as above.
I informed the custody suite member of staff that I spoke with Saly everyday via facetime and I was gong to continue to do so.
I had a taxi booked and arrived home at circa 04:45am.
After work that day after a few attempts I managed to contact the arresting officer who informed me that my phone had indeed been retained for further enquiries. He gave me the contact name of a DCI or was now in charge of the case. I made a couple of unsuccessful attempts to contact this person to try and find out how long they would keep my phone.
My phone, like it is to many is business critical.
On the 24/03/15 I was sent a new handset by O2. An hour before my arrest I had backed up my phone as at the time of my arrest I was about to start using the new handset.
After speaking with the arresting officer and being told they were retaining my phone, I called O2 who immediately activated my new handset.
I have no doubt therefore that the handset that is being held by the Police will now have no network connection.
I am in the process of selling my property, buying another property and arranging a family funeral. My phone is essential.
The following needs to be established:
Am I perverting the course of justice in any way by using my new mobile phone handset? I am happy for the police to look at any data stored on the handset that they now hold. Next week when the Police begin to look at the phone are they going to raise questions with it being off-line / not connected?
What is worst case scenario? I believe that the only law I breeched whilst at xx xxxxxxx Road on the 25/03/15 was that of trespass.
My main concerns are that if an in-depth and thorough search Is made on my mobile phone that messages that I sent over the past 14 months will be found and some will be of an intimidating/threatening nature toward Miss xxxxx and/or Mr xxxxx. Although this may be the case I am sure that many people in the same position would have acted the same. To be honest; I am sure that I have received my fair share of abusive texts from Miss xxxxx over the same time frame.
Do you think I need to have you / a legal representative in attendance for my hearing at xxxxx Police station on the 29/04/2015?
I sincerely apologise for the length of this e-mail but feel that all of it in some way adds to the events of the 25th March.
Kind Regards
Ok guys; again sorry for the length but hope you understand it is pretty relevant stuff.
Will the Police be able to access mobile phone records etc with the phone off-line?
What punishment am I looking at?
Any sensible advice is massively welcome. Please do not get me wrong, I know I have made major errors but feel I need guidance moving forward having never dealt with something like this before.
Regards
This is a long, honest post. Please only read if you have the time.....
I have got myself into a spot of bother.
I am not going to hide behind what I have done and pretend it was a friend or set up a second account.
It relates to a post I made a few days ago regarding my ex partner and the my possessions in her garage.
I have e-mailed a criminal lawyer who is going to call me back on Monday after he has read the e-mail. What is probably best is if I post the e-mail below with names/address's removed. For the purpose of the e-mail I shall call my Daughter Sally:
Dear xxxx
I hope you are well.
I thought it would be a good idea to e-mail you so that you have a full and thorough understanding of the case before the meeting. Apologies if the e-mail is long winded but I feel it would be a benefit if you know the case in detail.
Ok, my name is xxxx, I am 36 years old and work as a xxxxxxx. I have been in my current position for 12 years.
I do not have a criminal record and have never been arrested.
In 2006 I met my ex partner Miss xxxxx. We did not marry but in 2008 had a daughter who is called Sally.
Late in 2013 I found out that Miss xxxxx was having an affair. The gentleman Miss xxxxx was having an affair with was a long standing family friend on her families side, a Mr xxxxx. I was extremely upset at the time; especially when it became clear who it was with. This gentleman has been married twice before and has a young son with his most recent wife.
Throughout my relationship with Miss xxxxx I had a very close and good relationship with her family, in particular her father who I would play a lot of golf with.
I decided to approach the father and informed him of exactly what was going on. The news sent shockwaves through the family and they immediately felt that Mr xxxxx had betrayed them.
Miss xxxxx had been employed on a part-time basis by the father who has his own business. A short time after this revelation Miss xxxxx quit her work as I believe the younger brother (who also worked for the company) and the father could not cope with the situation.
Myself and Miss xxxxx moved into xxxxx Road, xxxxx in December 2010. The property was purchased solely in her name and that is still the case today. In 2011 we had a large garage built at the rear of the property which I helped fund. The reason the garage was needed is that my hobby at the time was the restoration of classic cars.
I moved out of the house in December 2013 which was an incredibly traumatic time as Sally was now 5 years old.
Over the following 12-14 months I would see Sally as often as I possibly could. My work is of a shift work nature meaning if I was on a late shift I would drop Sally to school and vice versa if I was on an early shift. I would estimate I would see Sally circa 6 times a week. This would involve her staying over with me circa once a week.
I would attend the garage a couple of times a week with the view of finishing the project that was underway which will be sold when complete. I did not need to gain access to the house for me to enter the garage as I had a fob for the electric door.
Over this period and to the current day Miss xxxxx has continued the relationship with Mr xxxxx. This has proved to be very upsetting for me and has meant that the relationship between myself and Miss xxxxx has been very up and down.
On a positive note my relationship with Sally has been good over this period.
Over Christmas of 2014 Sally was going through a phase of being very challenging for Miss xxxxx and this resulted in Miss xxxxx having a minor breakdown. Miss xxxxx felt that I was turning Sally against her and was instructed by Miss xxxxx that she did not want to see myself or Sally ever again. I was to collect all of Sally's possessions from the garage when instructed to do so.
During this time I was sent a torrent of abuse by Miss xxxxx via text message.
A few days later Miss xxxxx attended my property at circa 21:30 one evening kicking at the front door. Miss xxxxx demanded I hand Sally over or she would call the Police. This whole scenario caused Sally massive distress.
The following morning I called social services to inform them of the events and to raise my concerns for the safety of Sally.
Sally had always had a fabulous relationship with Miss xxxxx's parents. They would see Sally circa twice a week and Sally would stay over with them on a very regular basis.
Over the Christmas period the relationship between Miss xxxxx and her family broke down.
The last time that Sally saw or spoke with her Grandparents was Christmas day.......
I have spoken with Miss xxxxxx's father many times and he is distraught.
During January and February of this year I continued to visit and see Sally as I always had done. Unfortunately as of 2 weeks ago Miss xxxxx has refused to allow me to see Sally. I believe the reason for this is that she does not believe that I take enough responsibility for Sally . With my shift work it is often difficult for me to have Sally overnight at weekends etc.
I requested a week's annual leave from work over the Easter period. The reason for this is that Sally's birthday is on Sunday April 5th and I would have planned things to do with Sally over my week's leave.
On Wednesday evening at circa 17:00pm I spoke with Sally on facetime (something I do a couple of times a day), Sally informed me that they were going on holiday over Easter.
I texted Miss xxxxx and was alarmed to discover that they had indeed booked a holiday over Easter and they would indeed be away over Sally's birthday.
I was very annoyed and upset by this revelation and did send Miss xxxxx a couple of text message calling her an F.... b
h and that not letting Sally see me was evil. I had also sent Miss xxxxx a similar message circa a week before this. This text stated that I did not see her actions as mean, horrible, selfish etc but evil.
Myself and Sally did have a wonderful relationship and Sally also had a fabulous relationship with my family.
After I sent Miss xxxxx these messages (at 17:45 on 25/03/2015) I received a text back. This message asked for the garage door fob to be posted through her letter box after 9pm that evening and that I was no longer permitted access. Miss xxxxx stated that she would be terminating the power supply to the garage form the consumer panel within the house. I was told to arrange transportation of the vehicle in there.
I was now naturally rather irate and decided I would visit the property. After knocking on the door and not getting a reply, I entered the garage and decided that I would remove the door handle from the upvc door at the back of the garage. This door leads into the garden. My thought process was that if I removed the handle / lock, whilst Miss xxxxx was on holiday I would be able to enter the garden via the side gate and carry on work with the car.
I left the property after removing the handle and returned home (18:00).
At circa 19:30 2 police officers attended my address and I was arrested for criminal damage. I was taken to xxxxx Police station.
After going through the initial procedures I was put into a cell for circa four and half hours.
I was then led back to the custody suite where I was arrested for the second time by the same two officers. The second arrest was for along the lines of sending threatening text messages.
I was then taken into an interview room for questioning, all was recorded. Firstly we discussed my actions of entering the garage and the removal of the door handle. I put my case forward strongly and that was that I did not believe this to constitute criminal damage. I had removed the handle via the 2 locating screws and no permanent damage was sustained. I also mentioned that it was me that had actually purchased and fitted that handle some years before.
I was shown a picture of the door from the garden side. This picture clearly showed no handle on the door and therefore it was put forward that the door as it stood was not fit for purpose. This I agreed with.
We then moved on to discuss the text messages that I had sent.
At the time of my arrest my mobile phone was taken by the officers.
I was shown 3 screen shots from my phone of the messages that I had sent. I was asked if I thought that the messages were threatening etc. I accepted that they came across as aggressive/threatening but any parent who was being denied access to see their own child would feel the same.
The interview was completed and I was placed back into a cell for a further hour.
At circa 03:30am I was let out of my cell and after finger prints and DNA being taken was taken back to the custody suite.
I was handed my belongings back minus my mobile phone. I enquired as to where my phone was and was informed it was either being withheld for investigation or the arresting officer had taken it by mistake.
I was given the arresting officers number and I was told to call them the following day.
I have been given a piece of paper: pre-charge conditional bail. I am to attend Staines Police station on 29/04/15 at 8am.
It has 2 clauses on it
1) You are not to contact directly or indirectly by any means Miss xxxxx.
Grounds: Committing an offence whilst on bail; interfering with witnesses or otherwise obstructing the course of justice / Victim in the case.
2) You are not to attend xx xxxxxx Road unless agreed by official solicitors acting on behalf of the victim.x
Grounds: Same as above.
I informed the custody suite member of staff that I spoke with Saly everyday via facetime and I was gong to continue to do so.
I had a taxi booked and arrived home at circa 04:45am.
After work that day after a few attempts I managed to contact the arresting officer who informed me that my phone had indeed been retained for further enquiries. He gave me the contact name of a DCI or was now in charge of the case. I made a couple of unsuccessful attempts to contact this person to try and find out how long they would keep my phone.
My phone, like it is to many is business critical.
On the 24/03/15 I was sent a new handset by O2. An hour before my arrest I had backed up my phone as at the time of my arrest I was about to start using the new handset.
After speaking with the arresting officer and being told they were retaining my phone, I called O2 who immediately activated my new handset.
I have no doubt therefore that the handset that is being held by the Police will now have no network connection.
I am in the process of selling my property, buying another property and arranging a family funeral. My phone is essential.
The following needs to be established:
Am I perverting the course of justice in any way by using my new mobile phone handset? I am happy for the police to look at any data stored on the handset that they now hold. Next week when the Police begin to look at the phone are they going to raise questions with it being off-line / not connected?
What is worst case scenario? I believe that the only law I breeched whilst at xx xxxxxxx Road on the 25/03/15 was that of trespass.
My main concerns are that if an in-depth and thorough search Is made on my mobile phone that messages that I sent over the past 14 months will be found and some will be of an intimidating/threatening nature toward Miss xxxxx and/or Mr xxxxx. Although this may be the case I am sure that many people in the same position would have acted the same. To be honest; I am sure that I have received my fair share of abusive texts from Miss xxxxx over the same time frame.
Do you think I need to have you / a legal representative in attendance for my hearing at xxxxx Police station on the 29/04/2015?
I sincerely apologise for the length of this e-mail but feel that all of it in some way adds to the events of the 25th March.
Kind Regards
Ok guys; again sorry for the length but hope you understand it is pretty relevant stuff.
Will the Police be able to access mobile phone records etc with the phone off-line?
What punishment am I looking at?
Any sensible advice is massively welcome. Please do not get me wrong, I know I have made major errors but feel I need guidance moving forward having never dealt with something like this before.
Regards
Tom1312 said:
You really should have taken the free legal representation.
It's sounds like a proper mess. though not an uncommon one and I'm sorry to hear it's causing you much agro.
Good luck.
I am speaking with a criminal lawyer on Monday.It's sounds like a proper mess. though not an uncommon one and I'm sorry to hear it's causing you much agro.
Good luck.
Upon arrival at the police station I was offered a solicitor to which I accepted.
After about 4 hours in the cell I called the desk. I asked what was going on and was told the duty solicitor is at the station but working on another case which was taking a long time.
At this point I stated that I would carry on alone if it speeded the process up.
Thanks for the comments so far guys.
agtlaw said:
The police don't need the phone to be 'online'. You haven't done anything wrong by replacing it. They will get call and text records (both in and out) from the network provider. They don't need the handset but you won't likely get that back until the case concludes.
First offence, if admitted, is often a caution.
Do not attend the police station without a solicitor. It's free of charge so why would you go it alone?
ThanksFirst offence, if admitted, is often a caution.
Do not attend the police station without a solicitor. It's free of charge so why would you go it alone?
How would I go about getting free legal representation?
Also with regard to the text messages, both from me to my ex and vice versa.
They were not actually texts in the normal fashion but all were sent via Whats app.
I am not sure if this makes any difference?
When I switched on my new handset for the first time and downloaded Whats app, all of my messages are not there, not one.
Now I have never transferred anything to iCloud.
Will all of the Whats app messages be easy to trace?
They were not actually texts in the normal fashion but all were sent via Whats app.
I am not sure if this makes any difference?
When I switched on my new handset for the first time and downloaded Whats app, all of my messages are not there, not one.
Now I have never transferred anything to iCloud.
Will all of the Whats app messages be easy to trace?
agtlaw said:
Get a firm with a criminal legal aid franchise. Start here:
http://solicitors.lawsociety.org.uk
Look at websites. Contact a firm you like the look of. I'd insist on a solicitor rather than a legal rep. If they can't promise this, go elsewhere.
Thank youhttp://solicitors.lawsociety.org.uk
Look at websites. Contact a firm you like the look of. I'd insist on a solicitor rather than a legal rep. If they can't promise this, go elsewhere.
I really can not afford legal assistance. This would be fabulous if I would qualify for free legal aid.
PurpleMoonlight said:
You are banged to rights on the texts, but thinking outside the box about the garage.
I appreciate that it's on her property but that does not necessarily mean she owns it. Did you pay for it to be built? Did you gift it to her? If yes and no, you could argue you own it and they can't charge you with damaging your own property.
I hope you get the contact sorted, a crazy ex is the worst thing possible.
Prob paid about a third towards the build cost. I did pay for (maybe able to find the receipt) for the windows and doors.I appreciate that it's on her property but that does not necessarily mean she owns it. Did you pay for it to be built? Did you gift it to her? If yes and no, you could argue you own it and they can't charge you with damaging your own property.
I hope you get the contact sorted, a crazy ex is the worst thing possible.
Therefore it could be said 'it's my property'
Thanks
Hi
I will reply in detail to all tomorrow as am out this eve.
With regs the time at the station, it is exactly as I put it.
Another point worth mentioning; I paid for and could find proof:
3 x double glazed window units
1 x upvc door
1 x up and over electric door
The full electrical installation
The porcelain tiled floor
All insulation
All decoration
It's a fab garage!!
I will reply in detail to all tomorrow as am out this eve.
With regs the time at the station, it is exactly as I put it.
Another point worth mentioning; I paid for and could find proof:
3 x double glazed window units
1 x upvc door
1 x up and over electric door
The full electrical installation
The porcelain tiled floor
All insulation
All decoration
It's a fab garage!!
paintman said:
Still mystifies me that people think that the police/partners/employers/prospective employers/employees don't find things that they have posted on the internet on open public forums & that what they have posted is the same as having a quiet chat with your mates in the pub. Despite people having been sacked and prosecuted.
With the amount of detail given all it needs is for an officer from that force to be looking through PH as a normal PH user to see this thread & think 'Hmm, wasn't there a bloke nicked recently for this?' and then you've got another load of stuff to go with the texts you're worrying about.
I am sorry but I do not see an issue with this; maybe I should do.With the amount of detail given all it needs is for an officer from that force to be looking through PH as a normal PH user to see this thread & think 'Hmm, wasn't there a bloke nicked recently for this?' and then you've got another load of stuff to go with the texts you're worrying about.
Everything I have said on this forum is a true and accurate appraisal of the events that have so far occurred.
I have not said anything on here that the Police do not already know. If I had I would naturally understand your logic.
In my view it could be argued that if the constabulary in question were indeed looking on here, it could go in my favour - I hope it comes across like I am a decent, normal bloke who just wants the best for his Daughter.
Yes I made a mistake attending the property during the week and I will be punished for this.
BlackLabel said:
It would also give her access to legal aid for a custody battle which she wouldn't necessarily get under normal circumstances.
I know for a fact that she does not want sole custody (or should I say didn't......)I am meeting an associate I know through work this evening for a chat. He is a criminal lawyer who is looked upon very highly.
From what he has read about the case so far he has stated I will need both a criminal lawyer and a family lawyer to see this to conclusion.
Hi Guys
I do not like it when threads are started and not updated. Although my particular case is not resolved as yet, I would like to update.
Ok, the last time I posted I believe I was in the process of seeking legal advice. A chap I know through my work is a criminal lawyer for a very well regarded London law firm. I spoke with him and he invited me into their offices as he believed a colleague of his would be an ideal person to deal with it for me.
I had a meeting with both lawyers going back quite a while (just after my last post on here). I agreed that they would deal with the case.
I provided them with screen shots of all the multimedia messages that haven been sent between and my ex going back a long time.
My first bail date was the 14/04 and this was put back a couple of weeks and has once again been put back. It is now set for the 21st and this will not changed.
The reason for the bail date being changed is any offence of a domestic nature requires the Police to hand the case over to the CPS.
I have spoken with the Police a few times as they have been very good in keeping me in the loop as to what is going on.
Likewise my legal team have been fantastic. A family lawyer from the firm has been dealing with my ex and as of last week I have been seeing my daughter again on a very regular basis
This alone, although costly is worth every penny.
My lawyer requested the interview tape from the Police to which it has been released which I believe is quite rare. The Police do not have to release the tape and I have been informed that they have only done this as I am a man of good character and they can see both sides of this case. A courier collected the tape from the Police last week.
My lawyer is now in the process of making representations to the CPS as to why they believe both allegations should be dropped.
Firstly the removal of the door handle; you can not be charged with criminal damage if you believe the property to belong to you (even if this belief is incorrect). As I have made clear, I purchased the door and the handle and did believe them to be my property.
Secondly; It could be seen that I was removing the lock as to protect my personal belongings in the garage. Again this is the case as my ex had mentioned that she would push the car and all the contents of the garage into the road.
The text messages represent more of a challenge but there are areas that should be considered. For example, although the messages sent maybe deemed offensive, are they grossly offensive....
There is also a defence that my messages were not aimed to cause anxiety or distress but to re-establish contact with my daughter.
There are a few other mechanisms of defence that I will not go into now.
I will of course update once I have attended my bail hearing.
Many thanks
I do not like it when threads are started and not updated. Although my particular case is not resolved as yet, I would like to update.
Ok, the last time I posted I believe I was in the process of seeking legal advice. A chap I know through my work is a criminal lawyer for a very well regarded London law firm. I spoke with him and he invited me into their offices as he believed a colleague of his would be an ideal person to deal with it for me.
I had a meeting with both lawyers going back quite a while (just after my last post on here). I agreed that they would deal with the case.
I provided them with screen shots of all the multimedia messages that haven been sent between and my ex going back a long time.
My first bail date was the 14/04 and this was put back a couple of weeks and has once again been put back. It is now set for the 21st and this will not changed.
The reason for the bail date being changed is any offence of a domestic nature requires the Police to hand the case over to the CPS.
I have spoken with the Police a few times as they have been very good in keeping me in the loop as to what is going on.
Likewise my legal team have been fantastic. A family lawyer from the firm has been dealing with my ex and as of last week I have been seeing my daughter again on a very regular basis
This alone, although costly is worth every penny.
My lawyer requested the interview tape from the Police to which it has been released which I believe is quite rare. The Police do not have to release the tape and I have been informed that they have only done this as I am a man of good character and they can see both sides of this case. A courier collected the tape from the Police last week.
My lawyer is now in the process of making representations to the CPS as to why they believe both allegations should be dropped.
Firstly the removal of the door handle; you can not be charged with criminal damage if you believe the property to belong to you (even if this belief is incorrect). As I have made clear, I purchased the door and the handle and did believe them to be my property.
Secondly; It could be seen that I was removing the lock as to protect my personal belongings in the garage. Again this is the case as my ex had mentioned that she would push the car and all the contents of the garage into the road.
The text messages represent more of a challenge but there are areas that should be considered. For example, although the messages sent maybe deemed offensive, are they grossly offensive....
There is also a defence that my messages were not aimed to cause anxiety or distress but to re-establish contact with my daughter.
There are a few other mechanisms of defence that I will not go into now.
I will of course update once I have attended my bail hearing.
Many thanks
Earthboundmisfit said:
"Big Softy Alert"
That's fantatic news Trooper
I was welling up with happiness after reading this paragraph. Luckily i havent been through anything like this but i have daughter of similar age and the thought of someone stopping me seeing her makes me cry.
I think we are all wishing you the best on this one.
HahaThat's fantatic news Trooper
I was welling up with happiness after reading this paragraph. Luckily i havent been through anything like this but i have daughter of similar age and the thought of someone stopping me seeing her makes me cry.
I think we are all wishing you the best on this one.
just the dealing with my ex (none of the criminal side) is over £1000.
I had her with me last week and she was in the lounge whilst I was in another room. I heard her laugh and thought to myself 'that's the best £1000 I've ever spent.......'
Hi Chaps
Thank you for the input. Good to hear other stories.
A couple of brief points worth mentioning regarding my case:
- A family lawyer from the team I am using has already been in contact with my ex. A diary/rota has been put in place as to when I see my Daughter for the month of May and June. Going forward this type of rota can easily be put in place from month to month.
- My ex would not want full custody of my Daughter. It is when I have my Daughter that my ex spends time with her new guy. She would be shooting herself in the foot by going for full custody and I really can not see this happening. Due to her not getting on with her family and I the only person who will have our Daughter for any length of time.
- A caution albeit not ideal would not be the end of the world. The area that I work in does not rely on disclosures etc
- Representations have today been sent to the CPS.
I will update in due course.
Thanks again for the comments, the support and the advice; it means a lot.
Thank you for the input. Good to hear other stories.
A couple of brief points worth mentioning regarding my case:
- A family lawyer from the team I am using has already been in contact with my ex. A diary/rota has been put in place as to when I see my Daughter for the month of May and June. Going forward this type of rota can easily be put in place from month to month.
- My ex would not want full custody of my Daughter. It is when I have my Daughter that my ex spends time with her new guy. She would be shooting herself in the foot by going for full custody and I really can not see this happening. Due to her not getting on with her family and I the only person who will have our Daughter for any length of time.
- A caution albeit not ideal would not be the end of the world. The area that I work in does not rely on disclosures etc
- Representations have today been sent to the CPS.
I will update in due course.
Thanks again for the comments, the support and the advice; it means a lot.
Hi Guys
A week last Thursday my lawyer sent me a copy of the representations that were to be sent to the CPS.
I read them and was very impressed.
On Tuesday I e-mailed the Police officer in charge of the case to request the latest copy of my bail sheet as was due to attend last Thursday, the 21st.
She e-mailed straight back with my bail sheet attached but said she was just about to send the representations to the CPS.
I questioned this as felt that the Police were not allowing the CPS enough time to challenge any decisions.
I received a prompt reply and was informed that they would indeed have enough time.
This was Tuesday at 9am.
At 10am on Wednesday morning (24 hours after the Police had read the representations and 24 hours before I was due to attend the Police station) i got a call from the officer in charge......
'Hi Paul, there is to be no further action taken against you'
I questioned as to why this was and was told that the day before my ex withdrew her statement....
The police were on their way to my ex's to get a withdrawal form signed.
It would appear (guessing but to much of a coincidence otherwise....) that the Police contacted my ex after reading the representations and advised her that malicious text messages that she had sent me were exposed in the representations.
Again I can only guess but the thought and fear of being dragged into the case caused her to withdraw the statement.
It will cost me between 6 and 10k in total.
Thank you to all that have offered advice, sympathy and to those who have shared their stories.
Moving forward I will communicate with my ex via e-mail only.
I will try to be the best father I can.
Thank you
A week last Thursday my lawyer sent me a copy of the representations that were to be sent to the CPS.
I read them and was very impressed.
On Tuesday I e-mailed the Police officer in charge of the case to request the latest copy of my bail sheet as was due to attend last Thursday, the 21st.
She e-mailed straight back with my bail sheet attached but said she was just about to send the representations to the CPS.
I questioned this as felt that the Police were not allowing the CPS enough time to challenge any decisions.
I received a prompt reply and was informed that they would indeed have enough time.
This was Tuesday at 9am.
At 10am on Wednesday morning (24 hours after the Police had read the representations and 24 hours before I was due to attend the Police station) i got a call from the officer in charge......
'Hi Paul, there is to be no further action taken against you'
I questioned as to why this was and was told that the day before my ex withdrew her statement....
The police were on their way to my ex's to get a withdrawal form signed.
It would appear (guessing but to much of a coincidence otherwise....) that the Police contacted my ex after reading the representations and advised her that malicious text messages that she had sent me were exposed in the representations.
Again I can only guess but the thought and fear of being dragged into the case caused her to withdraw the statement.
It will cost me between 6 and 10k in total.
Thank you to all that have offered advice, sympathy and to those who have shared their stories.
Moving forward I will communicate with my ex via e-mail only.
I will try to be the best father I can.
Thank you
Jonno02 said:
Genuinely heartbreaking mate. Having been on the end of a serial-cheating ex with one or two of my friends, I cannot imagine what it must be like with a child thrown in the mix. You've been a credit to yourself though and handled the situation brilliantly. As much comfort as words on a screen from a stranger on the internet can mean, I really do hope you find yourself coming out of the darkness and somewhat into the light now and hopefully when your daughter is of an age that she can understand it all, she'll realise what a poisonous wench her mother sounds like.
Thank you. A genuinely nice post With regard contact with my ex, I plan on e-mailing her. She had tried calling me a couple of times.
I will do as has been suggested:
Dear xyz
Here with the days/times for the following month when I am available to see our Daughter...
Many thanks.....
If I keep things amicable then I stand every chance of maintaining a good relationship with my Daughter.
Cheers
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